Alhaji Tanko Isyaku V. MR. Prince Chidi Ugwu (2017)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ADAMU JAURO, J.C.A. (Delivering the Leading Judgment)

This appeal emanated from the ruling of Plateau State High Court of Justice in Suit No.PLD/421/2014 presided over by Honourable Justice R.K Sha, delivered on 9th June, 2016.

A summary of the facts of this case is hereby made as follows: The respondent brought this suit before the trial Court on the Undefended List against the appellant claiming the sum of N3, 800,000.00 being the balance of the value of agro-veterinary products bought by the appellant on credit from the respondent sometimes in March, 2014 and which the appellant has failed and neglected to pay despite repeated demands.

The respondents also claimed 10% interest on the said sum of #3,800,000.00 from the date of judgment until final liquidation. See page 15 of the record. The appellant did not join issues with the respondent to deny these claims. Judgment was therefore entered by the trial Court in the said sum of #3,800,000.00 against the appellant. In his bid to settle the judgment debt, the appellant brought a motion on notice before the trial Court and sought for the following relief:

?”An order of this

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Honorable Court granting leave to the judgment debtor/applicant to pay installmentally the judgment sum of #3,800,000.00 (Three Million, Eight Hundred Thousand Naira) only plus interest at the rate of 10% (Ten percent) per annum from 26/1/2016 till judgment sum is fully liquidated and #12,000.00 all being the judgment sum as contended in the judgment of the Honourable Court delivered on the 26th January, 2016 by Honourable Justice R.K. Sha in the following manner: (i) one lump sum payment of #100,000.00 (One Hundred Thousand Naira) only to be paid immediately upon granting of this order: (ii) Thereafter, equal monthly instalment of the sum of #50,000.00 (Fifty Thousand Naira) only till the liquidation of the judgment sum plus interest at the rate of 10% and #12,000.00 all being the judgment sum.”

See pages 30-31 of the record.

The application was supported by 24 paragraphs affidavit and four (a) exhibits marked as exhibits ‘A’, ‘B1’, ‘B2’ and ‘B3’. In opposing the application before the trial Court, the respondent filed a counter affidavit of 19 paragraphs and a written address. Upon filing the respondent’s counter-affidavit, the appellant

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also filed further affidavit of six paragraphs. He attached to the further affidavit Ten (10) exhibits marked as exhibit ‘AT1’, ‘AT2a’, ‘AT2b’, ‘AT2c, AT2d, ‘AT2e?, ‘AT2f?, ‘AT2g’,’ AT2h’ and ‘AT3’. Having considered all the processes filed before the Court, the learned trial judge held at page 78 of the record, thus:

“The appellant/Judgment Debtor/Defendant, Alhaji Tanko Isyaku shall pay to the respondent/judgment creditor/plaintiff, Mr. Prince Chidi Ugwu forthwith the sum of #1,000,000.00 (One Million Naira) as part payment of the judgment debt; And shall thereafter continue to pay to the respondent/judgment creditor/plaintiff, Mr. Prince Chidi Ugwu the sum of #300,000.00 (Three Hundred Thousand Naira) monthly beginning from the end of June, 2016 until the judgment sum is finally liquidated.”

Dissatisfied with the ruling of the trial Court, the appellant filed notice of appeal on 23rd June, 2016 on two grounds of appeal. The reliefs sought by the appellant are also contained in the notice of appeal. See page 81-85 of the record. After the appeal was duly entered, parties filed and exchanged their respective briefs of argument in

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